Bill Text: OR SB1545 | 2012 | Regular Session | Introduced
Bill Title: Relating to exclusion from definition of employment for certain transportation services provided to for-hire carriers; prescribing an effective date.
Spectrum: Unknown
Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1545 Detail]
Download: Oregon-2012-SB1545-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 30 Senate Bill 1545 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Senate Interim Committee on Business, Transportation and Economic Development) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Specifies that exclusion from definition of 'employment ' for transportation performed by person leasing equipment to for-hire carrier applies regardless of whether person leasing equipment purchases, leases, rents or finances equipment, from any person, without restriction. Takes effect on 91st day following adjournment sine die. A BILL FOR AN ACT Relating to exclusion from definition of employment for certain transportation services provided to for-hire carriers; creating new provisions; amending ORS 657.047; and prescribing an effective date. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 657.047 is amended to read: 657.047. (1) As used in this chapter, 'employment' does not include: (a) Transportation by motor vehicle of logs, poles and piling by { - any - } { + a + } person who both furnishes and maintains the { + motor + } vehicle used in { - such - } { + the + } transportation; or (b) Transportation performed by motor vehicle for a for-hire carrier by { - any - } { + a + } person that leases { - their - } { + the person's + } equipment to a for-hire carrier { + , + } { - and that - } personally operates, furnishes and maintains the equipment and provides service { - thereto - } { + to the for-hire carrier + }. (2) { + (a) + } For { - the - } purposes of this chapter, services performed in the operation of a motor vehicle { - specified - } { + , as described + } in subsection (1) of this section { - shall be - } { + , are + } deemed to be performed for the person furnishing and maintaining the motor vehicle. { + (b) Subsection (1)(b) of this section applies regardless of whether a person leasing equipment to a for-hire carrier purchases, leases, rents or finances the equipment, from any person, without restriction. + } (3) As used in this section 'for-hire carrier' has the meaning given that term in ORS 825.005. (4) The provisions of subsections (1) and (2) of this section do not apply to services performed for: (a) A nonprofit employing unit; (b) This state; (c) A political subdivision of this state; or (d) An Indian tribe. SECTION 2. { + The amendments to ORS 657.047 by section 1 of this 2012 Act apply to services performed on or after the effective date of this 2012 Act. + } SECTION 3. { + This 2012 Act takes effect on the 91st day after the date on which the 2012 regular session of the Seventy-sixth Legislative Assembly adjourns sine die. + } ----------